# EUR-Lex - 52012PC0210 - EN

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# 52012PC0210

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement /* COM/2012/0210 final - 2012/0104 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal
security and homogeneity of the Internal Market, the EEA Joint Committee is to
integrate all the relevant European Union legislation into the EEA Agreement as
soon as possible after its adoption.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend Annex XIII
(Transport) by adding new European Union acquis in this field.

This concerns Directive 2006/38/EC of the
European Parliament and of the Council of 17 May 2006 amending Directive
1999/62/EC on the charging of heavy goods vehicles for the use of certain
infrastructures, which is to be incorporated into the Agreement.

For the purpose of the implementation of this
act, the following adaptations in relation to Norway are proposed:

1.           For
existing tolling arrangements on the trans-European road network in
south-eastern Norway, the application of discounts or reductions in tolls for
frequent users shall comply with Article 7(4b) of this Directive by 31 December
2014 at the latest;

2.           The existing tolling
arrangements on the trans-European road network outside south-eastern Norway can
retain their current level of discounts provided that the share of
international heavy goods traffic on the concerned infrastructure network is
below 30%;

3.           For future, new tolling
arrangements on the trans-European road network outside south-eastern Norway,
discounts or reductions in tolls for frequent users may exceed the level set
out in Article 7(4b) of this Directive provided that:

-        the share of international heavy
goods traffic on the infrastructure network concerned is not higher than 5 %,

-        the level of such discounts or
reductions is justified by specific circumstances, notably when the
infrastructure network concerned consists of bridges and/or tunnels to replace
a ferry.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf
on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision
of the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

2012/0104 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union in the EEA Joint Committee
concerning an amendment to Annex XIII (Transport) to the EEA Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Articles 91(1) in conjunction with
218(9) thereof,

Having regard to the Council Regulation
(EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing
the Agreement on the European Economic Area[1],
and in particular Article 1(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       Annex XIII to the
Agreement on the European Economic Area (hereinafter referred to as "the
EEA Agreement") contains specific provisions and arrangements concerning transport.

(2)       Directive 2006/38/EC of
the European Parliament and of the Council of 17 May 2006 amending Directive
1999/62/EC on the charging of heavy goods vehicles for the use of certain
infrastructures[2]
is to be incorporated into the Agreement,

(3)       It is appropriate to
include in the Agreement a provision allowing for an adaptation in relation to
tolling arrangements on the trans-European road network in Norway,

(4)       Annex XIII to the EEA
Agreement should therefore be amended accordingly.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in
the EEA Joint Committee on the proposed amendment to Annex XIII to the EEA
Agreement shall be based on the draft Decision of the EEA Joint Committee
attached to this Decision.

Article 2

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

Draft (12.03.2012)

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area, as amended by the Protocol adjusting the Agreement on
the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1)
Annex XIII to the Agreement was amended by Decision
of the EEA Joint Committee No .../... of ...[3].

(2)
Directive 2006/38/EC of the European Parliament
and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging
of heavy goods vehicles for the use of certain infrastructures[4] is to be incorporated into the
Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Point 18a (Directive 1999/62/EC of the
European Parliament and of the Council) of Annex XIII to the Agreement shall be
amended as follows:

1.           The following indent shall be
added:

‘-       32006 L 0038: Directive
2006/38/EC of the European Parliament and of the Council of 17 May 2006 (OJ L
157, 9.6.2006, p. 8).’

2.           The adaptation text shall be
amended as follows:

(i)      The texts of adaptations (d) and (e)
shall be deleted.

(ii)     Adaptation (f) shall be renumbered as
adaptation (e).

(iii)     The following adaptation shall be
added before new adaptation (e):

‘(d)    The following shall be added at the
end of Article 7(4b):

“(a)    For tolling
arrangements on the trans-European road network in south-eastern Norway which
are already in place on the date of the entry into force of Decision of the EEA
Joint Committee No xx/2012, the application of discounts or reductions in tolls
for frequent users shall comply with Article 7(4b) of this Directive by 31
December 2014 at the latest.

(b)     On the trans-European road network in
other parts of Norway, the current level of discounts or reductions in tolls
for frequent users may be applied to tolling arrangements already in place on the date of the entry into force of Decision of the EEA Joint
Committee No xx/2012 provided that the share of
international heavy goods traffic on the infrastructure network concerned is
below 30 %.

For tolling arrangements put in place after the
date of the entry into force of Decision of the EEA Joint Committee No xx/2012,
discounts or reductions in tolls for frequent users may exceed the level set
out in Article 7(4b) of this Directive provided that:

-        the share of international heavy
goods traffic on the infrastructure network concerned is not higher than 5 %,

-        the level of such discounts or
reductions is justified by specific circumstances, notably when the
infrastructure network concerned consists of bridges and/or tunnels to replace
a ferry.”’

Article 2

The texts of Directive 2006/38/EC in the
Icelandic and Norwegian languages, to be published in the EEA Supplement to the
Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on ,
provided that all the notifications under Article 103(1) of the Agreement have
been made to the EEA Joint Committee*.

Article 4

This
Decision shall be published in the EEA Section of, and in the EEA Supplement
to, the Official Journal of the European Union.

Done at
Brussels, .

For the EEA Joint Committee

The President

The Secretaries
            to the EEA Joint Committee

[1]               OJ L 305, 30.11.1994, p. 6.

[2]               OJ L 157, 9.6.2006, p. 8.

[3]               OJ L ...

[4]               OJ L 157, 9.6.2006, p. 8.

*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]